CO129-318 - Governor Sir Blake - 1903 [7-10] — Page 177

fo

Enclosure Nr. 2.

ATTORNEY GENERAL'S OFFICE:

175

C. O.

33686

Teve 10 SEP 03.

Hongkong,

3th August. 1903.

Report on Ordinance No. 10 of 1903.

I have examined the accompanying Ordinance, entitled

An Ordinence to repeal The New Territories Rent Re-

-covery Ordinance, 1902, and to make other provisions

in lieu thereof

and I am of opinion that the Ordinance is one which is not contrary to

the Governor's Instructions.

The object of this Ordinance is to provide for the hear- ing and determining of claims to rent in the New Territories. By Ordinance 14 of 1902, it was provided that such claims should be heard and determined by the Land Court es- tablished under Ordinance 18 of 1900. That Court how. ever was intended when it was constituted to be a Court for settling claims to laud in the New Territories and for establishing titles to laud therein and for no other purpose.

It was not intended, and it is not desired, that the Land Court shall continue to exist after it has done its work of settling titles to land. The Land Court, in short, is a Lauds Titles Court and that alone; and will be dissolved as soon as its work of settling titles is doue.

This Ordinance therefore repeals Ordinance 14 of 1902, which declares that all claims to rent in respect of land in the New Territories shall be heard and determined by the Land Court, and provides in lien thereof that rent in the New Territories is to be recovered before the Supremo Court when the rent claimed exceeds $200 and before A Magistrate when the sum claimed does not exceed that

Bount.

After consideration and from the experience of the past the Government have come to the conclusion that in the case of claims over $200 the parties should be admitted to the privilege of a hearing in the Supreme Court in its Original or Summary Jurdisdiction according to the amount involved, where the advantage of legal assistance can readily be obtained.